Section 32-12A-45 - Persons authorized to withdraw blood to determine alcohol content--Liability. - South-dakota Statutes

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32-12A-45. Persons authorized to withdraw blood to determine alcohol content--Liability. Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein for the purposes of this chapter. This limitation does not apply to the taking of a breath or other bodily substance specimen. No such authorized person, acting on the presumption of consent, and no hospital employing such person, may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.

Source: SL 1991, ch 252, § 15; SDCL § 32-12-110.2; SL 2001, ch 171, § 115; SL 2010, ch 163, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-32 > Chapter-12a > Statute-32-12a-45

32-12A-45. Persons authorized to withdraw blood to determine alcohol content--Liability. Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein for the purposes of this chapter. This limitation does not apply to the taking of a breath or other bodily substance specimen. No such authorized person, acting on the presumption of consent, and no hospital employing such person, may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.

Source: SL 1991, ch 252, § 15; SDCL § 32-12-110.2; SL 2001, ch 171, § 115; SL 2010, ch 163, § 1.

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State Codes and Statutes

Statutes > South-dakota > Title-32 > Chapter-12a > Statute-32-12a-45

32-12A-45. Persons authorized to withdraw blood to determine alcohol content--Liability. Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein for the purposes of this chapter. This limitation does not apply to the taking of a breath or other bodily substance specimen. No such authorized person, acting on the presumption of consent, and no hospital employing such person, may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.

Source: SL 1991, ch 252, § 15; SDCL § 32-12-110.2; SL 2001, ch 171, § 115; SL 2010, ch 163, § 1.